GEORGE J. HAZEL, District Judge.
Plaintiff Tanesha Myles-Anderson ("Plaintiff' or "Myles-Anderson") brings suit pro se against her former employer, the EMMES Corporation ("Defendant" or "EMMES"), for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., Md. Code, State Gov't § 20-606, and Montgomery Cty. Code § 27-19 arising from her November 7, 2013 termination. Plaintiff claims that her termination was in retaliation for her complaints of racial discrimination. Presently pending before the Court is Defendant's Motion for Summary Judgment, ECF No. 18. Plaintiff has not responded to Defendant's Motion, and the time for doing so has expired. See ECF No. 19. No hearing is necessary. See Loc. R. 105.6. For the following reasons. Defendant's Motion for Summary Judgment, is granted.
Tanesha Myles-Anderson was employed at the EMMES Corporation in Rockville. Maryland as an Office Services Manager from February 22, 2011 until November 7, 2013. ECF No. 18-1 at 1.
In July of 2013. Myles-Anderson received two entails from Brian Hochheimer. EMMES Vice President and Chief Financial Officer, expressing his displeasure with her lack of punctuality. ECF No. 18-1 at 2. According to Hochheimer's email dated July 2, 2013, Myles-Anderson had arrived late to her portion of the new hire orientation presentation. ECF No. 18-7 at 2. Hochheimer told her. "kilns is not acceptable. It is our first interaction with our new hires and we need to be on time." Id. Myles-Anderson received and acknowledged the email. Id.
Two months passed. On August 29, 2013. Myles-Anderson received a written warning from Facilities Manager Clay Edwards. ECF No. 18-10 at 2. Edwards stated that Plaintiff "continue[d] to maintain individual employe[es'] information incorrectly. Over the last three days I have discovered and corrected approximately twenty employee entries which ... had not been correctly administered." Id. Edwards further explained that "[y]our performance in this area has worked to undermine the efforts of this department and other EMMES staff."Id. Myles-Anderson was again cautioned that failure to correct these issues "may lead to further disciplinary action, up to and including termination of employment."Id.
On September 18, 2013, Myles-Anderson wrote a letter to Dr. Ann Lindblad, the President of EMMES. ECF No. 18-13 at 2. Myles-Anderson told Dr. Lindblad. "I feel as the new President of EMMES you need to he made aware of the behavior being exhibited by senior management and what I and others deem to be a `hostile work environment.'" Id. In the letter, Myles-Anderson complained primarily about "harassment"from a receptionist. Rachel Simpson.
Following this letter. Vice President of Human Resources Jennifer Hester engaged an outside investigator to investigate Myles-Anderson's claims of discrimination. ECF No. 18-2 ¶ 3; ECF No. 18 at 4. According to Hester, the investigator interviewed eight witnesses, including Myles-Anderson. ECF No. 18-2 ¶ 4. Myles-Anderson "eventually identified [other] certain employees [of color]" who had been discriminated against, but "never provided any details or evidence supporting her allegations."Id. ¶ 6. After completion of the investigation, the investigator "found no evidence of unlawful conduct." Id. ¶ 7 The results of the investigation were shared with Myles-Anderson on October 25, 2013. Id. ¶ 8. Although the investigator concluded that hostilities existed between Myles-Anderson and other EMMES employees, none of them appeared to be racially-motivated. Id EMMES did, however, take "corrective action against those named by Myles-Anderson who EMMES determined had not acted professionally." Id. ¶ 9. Sometime during the Fall of 2013. Myles-Anderson also filed a charge of discrimination with the Equal Employment Opportunity Commission. See id ¶ 11.
During this time. Myles-Anderson received two additional emails on September 26, 2013 and October 8. 2013 citing her performance issues. ECF No. 18-16 at 2; ECF No. 18-17 at 2. In these emails, Edwards informed Myles-Anderson that she had forgotten to order several name tags. causing issues fur both the new hires and Edwards. Id. Edwards further stated that Myles-Anderson had failed to update an issue for an employee in the "issue tracker" and also failed to process an order for another employee before leaving work that day. ECF No. 18-16 at 2.
On November 7. 2013. Myles-Anderson received notice of termination from EMMES. No. 18-4 at 2. The letter cited several examples of "continued unsatisfactory work performance," including incomplete data entry, incorrect information posted to the Intranet, the misspelling of a new hire's name for his wall tag, and "failure to notify Network Services in a timely manner of new hire offer assignments." Id. The termination letter noted the repeated warnings bringing, these issues to Myles-Anderson's attention, and the ultimate failure to improve her performance. Id.
Myles-Anderson filed the instant Complaint in this Court on August 20, 2015. ECF No. 1. Myles-Anderson asserted claims under 1) Title VII of the Civil Rights Act of 1964.2) Md. Code, State Gov't § 20-606 (unlawful employment practices), and 3) Montgomery Cty. Code § 27-19 (discriminatory employment practices). ECF No. 1 at 2-3. Defendant filed its Motion for Summary Judgment on May 10. 2016. ECF No. 18. The Court sent a letter to Myles-Anderson, as a pro se plaintiff, informing her that a dispositive motion had been filed in her case, and advising her of her rights under Fed. R. Civ. P. 12 and 56. ECF No. 19. To date, Plaintiff has not responded.
The court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). A material fact is one that "might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242. 248 (1986). A genuine issue over a material fact exists "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. In undertaking this inquiry, the Court must consider the facts and all reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris, 550 U.S. 372. 378 (2007). Hut this Court must also abide by its affirmative obligation to prevent factually unsupported claims and defenses from going to trial. Drewitt v. Pratt, 999 F.2d 774, 778-79 (4th Cir. 1993).
The burden is on the moving party to show "that there is no genuine issue as to any material fact. However, no genuine issue of material fact exists if the nonmoving party fails to make a sufficient showing on an essential element of his or her case as to which he or she would have the burden of proof." Benton v. Prince George's Cmty. Coll., No. CIV.A. DKC 12-1577. 2013 WL 4501324, at *3 (D. Md. Aug. 21, 2013) (citing Celotex Corp. v. Catrett. 477 U.S. 317. 322-23 (1986)). Thus, upon a motion for summary judgment, the opposing party "may not rest upon . . . mere allegations or denials," but rather, "must set forth specific facts showing that there is a genuine issue for trial. If the `opposing] party does not so respond, summary judgment, if appropriate, shall be entered against the [opposing] party." Tyler v. Prince George's Cty., Maryland. 16 F. App'x 191 192 (4th Cir. 2001) (citing Fed. R. Civ. P. 56(e)). In this case, Plaintiff has filed no response to Defendant's motion for summary judgment.
Title VII prohibits "employer retaliation on account of an employee's having opposed, complained of, or sought remedies for, unlawful workplace discrimination." Univ. of Texas Sw. Med Cir. v. Nassar, 133 S.Ct. 2517. 2522 (2013) (citing 42 U.S.C. § 2000e-3(a)). To establish a claim for retaliation under Title VII. Plaintiff must show that 1) she engaged in a protected activity, 2) her employer took an adverse employment action against her, and 3) a causal connection exists between the protected activity and the adverse action. Diggs v. Bd. of Educ. of Baltimore Cty., Civil Action No. RDB-14-715, 2015 WL 5604278, at *14 (D. Md. Sept. 23, 2015) (citing Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53. 68 (2006)). To satisfy the causation element of a retaliation claim, plaintiff "must establish that his or her protected activity was a but-for cause of the alleged adverse action by the employer," not just a "motivating factor." Manguiat v. Bd. of Educ. of Prince George's Cty., No. GJH-13-1165, 2015 WL 2376008. at *9-10 (D. Md. May 18. 2015) (citing Nassar. 133 S.Ct. at 2533-34 (2013)). If the plaintiff-employee establishes this prima facie case, the burden shifts to the defendant-employer to "articulate a legitimate. non-retaliatory reason for the adverse employment action." Roberts v. Saint Agnes Hasp., No. GJH-13-3475, 2015 WL 3932398, at * 11 (D. Md. June 25. 2015) (citing Hoyle v. Freightliner, LLC. 650 F.3d 321. 336 (4th Cir. 2011)).
Here. Plaintiff has Jailed to establish the third prong of her prima facie case: causation. Myles-Anderson relies exclusively on the `temporal proximity" between her internal complaint of discrimination to Dr. Lindblad on September 18, 2013, and her termination on November 7, 2013, ECF No. 1 at 2: see Francis v. Booz, Allen & Hamilton, Inc., 452 F.3d 299, 309 (4th Cir. 2006), and provides no other details suggesting a causal connection between her complaint and her termination. But the actions that led to Plaintiffs termination began before her complaint to Dr. Lindblad. See Francis, 452 F.3d at 309 (affirming summary judgment where the "actions that led to [plaintiffs] probation and termination began before her protected activity, belying: the conclusion that a reasonable factfinder might find that [defendant's] activity was motivated by [plaintiff s] complaints"). Specifically, Plaintiff received no fewer than two emails bringing her unsatisfactory performance to her attention, as well as two formal written warnings of possible termination, well before Plaintiff wrote to Dr. Lindblad. As early as July 2, 2013. EMMES Vice President Hoehheimer informed Myles-Anderson that she was late to orientation and it was "not acceptable." ECF No. 18-7. He again wrote to her on July 9, 2013, expressing that arriving to work was "inexcusable," and that certain new hire badges had not been activated on time. ECF No. 18-8. These problems did not improve over the summer, as another supervisor. Facilities Manager Clay Edwards, issued a written warning to Myles-Anderson on August 29, 2013 — citing multiple errors in the database she administered. ECF No. 18-10. Thus, Plaintiff has failed to establish a causal connection between her protected activity and her termination because she has not "adduce[d] any admissible evidence to suggest a connection between [her I complaints about alleged workplace discrimination and [her] eventual termination." Roberts, 2015 WL 3932398. at *11 (granting summary judgment for employer on retaliation claim where employee's termination was result of "lengthy and well-documented performance issues").
Even if Plaintiff could establish the necessary causality, EMMES has articulated a legitimate, non-retaliatory reason for her termination, namely, her well-documented performance issues. On July 10, 2013, Hochheimer informed Myles-Anderson that she was late to orientation. "continued to issue employe[es1 nonfunctioning ID badges and badges with misspelled employee names." ECF No. 18-9 at 2. Hochheimer stressed that these deficiencies "worked to undermine the efforts of your department and other EMMES staff" Id. On August 29. 2013, Edwards warned Myles-Anderson that "you continue to maintain individual employee's information incorrectly . . . [t]hese types of issues have been brought to your attention multiple times including in a written warning presented to you on July 10. 2013." ECF No. 18-10. Again on September 26. 2013. Edwards cited three instances of errors attributable to Myles-Anderson, including two name tags that were not ordered, an issue that was not posted to the tracker, and an order that was not submitted. ECF No. 18-16. Myles-Anderson's final termination letter on November 7. 2013 reflects these same concerns, pointing to incomplete and incorrect data entries and failure to complete assignments in a timely manner. ECF No. 18-4. Therefore, it is apparent that Defendant EMMES had a legitimate, non-retaliatory reason for terminating Myles-Anderson. See Manguiat. 2015 WL 2376008, at 10 (granting summary judgment for employer on retaliation claim where employer adequately demonstrated that lowering of employee's teaching certificate was in response to unsatisfactory performance). Additionally, because Myles-Anderson provides no response to Defendant's Motion for Summary Judgment the Court is unable to find to the contrary.
As for Myles-Anderson's claims under Md. Code, State Gov't § 20-606 and Montgomery Cty. Code § 27-19, they must similarly fail. The Maryland Fair Employment Practices Act "tracks the language" of Title VII, and thus a retaliation claim under Maryland state law bears the "same criteria" as a federal retaliation claim under 42 U.S.C. § 2000e-3(a). See Chappell v. S. Maryland Hasp., Inc., 320 Md. 483, 495-96 (1990). Further, the anti-discrimination provisions of the Montgomery County Code are also "substantively similar" to federal law under Title VII. See Magee v. DanSources Tech. Servs., Inc., 137 Md.App. 527, 548 (2001). Because Myles-Anderson has failed to create a genuine issue of material fact with respect to her Title VII retaliation claims, she has also failed to do so under Maryland law and the Montgomery County Code.
For the foregoing reasons, Defendants Motion for Summary Judgment, ECF No. 18, is granted. A separate Order shall issue.